Tobacco Documents Online

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CIGARETTE ADVERTISING CODE STATEMENT OF PURPOSES The purposes of this Code are to establish uniform standards for cigarette advertising and to provide means whereby compliance with this Code can be ascertained promptly and fairly and on a consistent basis. ARTICLE I D~FINITION$ SECTION 1. "Advertising": (a) Means all forms of advertising in, or primarily directed to, the LJtdted b'~tat.es, p.uerto Ri~.o, any terri- • . tory or posse~si0.n of the United States, or any military , ~.. installation, of the United States, including, but not limited to, radio, television and cinema commercials of all types, newspaper and magazine adverdsemants, billboards, posters and signs, subway and rail or bus car cards, automobile and truck decals, posters and signs, calendars, pamphlets, handbills, matchbook advertising, and point of sale display material of all types; (b) Includes any written material or article or excerpt therefrom, not otherwise advertising, when used for promotional purposes; (c) Includes labeling, namely, the display of written, print*d, or graphic matter upon any portion of the package, carton, or other container in whioh cig- arettes-at* packag, d-or shipped by the manufacturer; but (d) Does not include the entertainment portion of any television or radio program.

SECTION 2. "Cigarette" means any roll of tobacco wrapped in paper or in any substance other than tobacco. S~fT~ON 3. "Representation" means any statement, reference, or claim, express or implied, direct or indirect, whether in oral, written, printed or graphic form, or in any combination of such forms. ARTICLE II THE COD]~ ADMINISTRA~rOR SECT]ON 1. There shall be a Code Administrator who shah be a person of recognized independence, integrity and intellectual achievement to the end that decision by him shall command public confidence and respect. The Administrator shall have all of the powers and authority necessary and proper to enable him to discharge effectively the responsibilties entrusted to him by this Code. SECTION 2. The Administrator shall have complete and final a..u.t.h.ori~ty to determine whether cigarette ad~t~'g coml~i~ with the standards of this Code and to e~f~o.~r~e, this Code in all other respects, SECTION 3. The Administrator shall appoint a staff adequate and competent to assist ~ in discharging his duties. SECTION 4. Neither the Administrator nor any member of his staff shall be an ot~cer, director, employee or stockholder of any manufacturer of tobacco products, nor shall any such person have any financial interest in the business of any such manufacturer. SECT~O~ 5. The Administrator is authorized to convene s~ientifi~, advisory pan.e.ls to enable him to carry out his duties. Persons selected for such panels shall be of ~in~epeg.d~n.ce" integrity and competence in their particular areas of scientific [2]

discipline, In selecting such persons, the Admidistrator may consult with appropriate governmental and private ag~cies such as the U. $. Department of Health, Education and Wel- fare; National Academy of Sciences; National Research Council; American Medical Association; Scientific Advisory Board of The Council for Tobacco Research--U. $. A.; medical and scientific societies; colleges and universities; and non-profit research institutes. ~-. S~¢TION 6. The Administrator shall by regulation establish procedures for the administration and e~fforeemant of this Code including, without limitation, procedure for: ' - (a) The submission to him of proposed cigarette adver- tising which, together with any supporting data or documents, shall be kept confidential, except as other- wise provided in AgTXCLE IV, Section 4, of this Code or as agreed to by the submitting party; (b) The submission of protests by parties subject to this Code concerning any determination by him; (c) Hearings in connection with all submissions and pro- tests; and (d) Reconsideration by him of any of his determinations. ARTICLE III ADVERTISING CLEARANC];t trator and determm~.~ by h~m to_.b~.~'~ _~cgn~p]j.ance with ~e ,~standards of this Code;", provided that by regulation pro- ~ig~t~c['l~y'~" ~fiistrator specified advertising may be excepted from the requirement of such submission but not from the requirement of compliance with the standards of this Code.

ARTICI~ I~ ~DVERTlSI~G ~TANDARDS Se~rtoN 1. All cigarette advertising and promotional activi- ties shall be subject to the following: (a) C!garette advertising shall not appear (i) On television and radio programs, or in publl- • cations, directed primarily to persons ' .~wenty-one years of age; (ii) In spot announcements during any program break in, or during the program break immedi- ately preceding or following, a television or radio program directed primarily to persons under twenty-one years of age; Off) In school, college, or university media (including ath/efic, theatrical and other pro- grams); (iv) In comic books, or comic supplements to newspapers. (b) (c) (d) (e) Sample cigarettes shall not be distributed to persons under twenty-one years of age. No sample cigarettes shall be distributed or pro- motional efforts conducted on school, college, or university campuses, or in their fac~ties, or in fraternity or sorority houses. Cigarette advertising shall not represent that cigarette smoking is :.essential: to ~o¢[al prominence, d~istinctio~, Success, or ~exual attraction. Natural persons depicted as smokers in cigarette adver- tising shall ,be at least twenty-five years of age and shall not be: dressed or otherwise made to.~ppear, to [43

be less than twenty-five years of age. Fictitious per- sons so depicted in the form of drawings, sketches or any other manner shall appear to be at least twenty- five years of age in dress and otherwise, (f) Cigarette advertising may use attractive, healthy looking models, or illustrations or drawings of persons who appear to be attractive and healthy, provided that there is .no suggestion that their attractive appearance or good health is due to cigarette smoking. (g) No cigarette advertising shall contain a picture or an illustration of a person smoking in an exaggerated (h) Cigarette advertising shall not depict as a smoker any person well known as being, or having been, an athlete. (i) Cigarette advertising shall not depict as ,~ smoker anF person participating in, or obviously having iust parti- c.ipated in, physical activity requiring stamina or ath- ]eric conditioning ~eyond that 0~. normal recreati°n' Testimonials from a.thletes or .celebrities in the enter- tainment world, or testimonials from other persons who, in the judgment of the Administrator, would have special:...appeall to the persons under~wenty-one years of age, shall not be used in cigarette advertising. SBc~'~o~ 2. No cigarette, adv~tising which makes a repre- sentation with respect toil~.e.~h:shaH be used unless: (a) The Administrator shall have determined that such representation is significant in terms of health and is based on adequate relevant and valid scientific data; or (b) If the Administrator shall have determined it to be appropriate, a disclaimer as to significance in terms

of health shall be set forth in such advertising in sub- stance and form satidactory to the Administrator; or (c) The Administrator shall have determined that the representation with respect to health in such adver- rising is not material. SECTtO~¢ 3. The inclusion in cigarette advertising of reference to the presence or absence of a filter, or the description or depiction of a filter, s~ha~H n0t.bg~ .degm..ed..a..r.epresen~ation.~ith. .respect to health unless the advertising including such refer- ence, description or depiction, shall be determined by the Administrator to constitute, through omission or inclusion, a representation with respect to health. If the Administrator shall have determined that such advertising constitutes a rep- resentation with respect to health, the provisions of Section 2 of this Article shall apply. S~cTIou 4, No cigarette advertising shall be used which refers to the removal or the reduction of any ingredient in the mainstream smoke of a cigarette, except that it shall be permissible to make a representation as to the quantity of an ingredient present in the mainstream smoke or as to the removal in tote. of an ingredient from the mainstream smoke, or as'to the absence of an ingredient normally present in the mainstream smoke, if: (a) The Administrator shall have determined that such representation is significant in terms of health and is based on adequate relevant and valid scientific data; or (b) A disclaimer as to significance in terms of health shall be set forth in such advertising in substance and form satisfactory to the Administrator; or (c) The Administrator shall have determined that a disclaimer is unnecessary for the reason that the

~presentation in such advertising has no health impli- cation or that such implication is not material; and The quantity of such ingredient is determined and expressed in accordance with uniform standards adopted by the Administrator for measuring the quantity of the ingredient present in the mainstream smoke, provided that, until such uniform standard is so adopted, the quantity of such ingredient may be determined and expresusd in accordance with any recognized scientifically valid method disclosed to the Administrator without any requirement of confiden- tial treatment. SECTION 5. Any advertising determined by the Administrator to be in conformity with the Code may include the following legend: ~_ the ~!gare~_t.e. Ad),~rfis!ng.~.~i. e., ARTICLE V PROC~DURHS IN ~VENT oPVIOLATION OP CODE SECTION I. Any person, firm or corporation subject to this Code, who ~olates any provision of this Code, shall, in the discretion of the Administrator with respect to each such violation, pay to the office of the Administrator as liquidated damages, and not as a penalty, a sum, not to exceed One Hundred Thousand Dollars ($100,000), as deter- rained by the Administrator after consideration by him of all relevant facts. The Administrator shall estabfish regula- tions for the determination of such violation and for the ass~me~.and~p.a_yme_n_t of ~_u.~h damages_. N~..sancfi~n sh_a.ll be imposed without affording a hearing to the alleged violator. Upon written request from the Administrator, an alleged violator of the Code shall promptly deliver to the Adminis- trator any material and documents in its possession which

are relevant and material to a determination by the Adminis- trator as to whether |he Code has been violated. SBCTION 2. Nothing herein contained shall be construed tc give any person, firm or corporation, other than the Adminis- trator, any cause of action. SI~CTION 3. In the event of a violation of this Code, the Administrator in his discretion may make public the fact of such violation in such manner a~ he may deem appropriate.